P.V.Abdulla Haji vs The Nadapuram Grama Panchayath
2023 Latest Caselaw 6275 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
        MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                       WP(C) NO. 23977 OF 2021
PETITIONERS:

    1       P.V.ABDULLA HAJI,
            AGED 67 YEARS, S/O.ALI HAJI, HARIS MANSIL,
            PULIYAVU P.O., KOZHIKODE DISTRICT - 673 509.
    2       BIYYATHU,
            AGED 55 YEARS, W/O.P.V.ABDULLA HAJI, HARIS MANSIL,
            PULIYAVU P.O., KOZHIKODE DISTRICT - 673 509
            BY ADV R.K.MURALEEDHARAN


RESPONDENTS:

    1       THE NADAPURAM GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY,
            P.O.KALLACHI, KOZHIKODE DISTRICT - 673 504
    2       THE SECRETARY,
            THE NADAPURAM GRAMA PANCHAYATH,
            P.O.KALLACHI, KOZHIKODE DISTRICT - 673 504.
            BY ADV U.P.BALAKRISHNAN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.23977 of 2021
                                     2


                              JUDGMENT

Dated this the 12th day of June, 2023

The petitioners, who are owners of a commercial

building having built up area of 2001.22 Square Meters, are before

this Court aggrieved by Ext.P1 order issued by the 2nd respondent.

2. The petitioners state that they have fixed rolling

shutters in front of the parking area for the convenience of one of

the tenants. The 2nd respondent issued Ext.P1 order asking the

petitioners to demolish the construction. The 1 st petitioner

submitted reply. Thereafter, the petitioners filed Ext.P3 application

for regularisation of the construction. The petitioners seek to

quash Ext.P1 order and to direct the respondents to consider

Ext.P3 application for regularisation.

3. Standing Counsel entered appearance for the

respondents and resisted the writ petition. The Standing Counsel

denied all the allegations made by the petitioners. On behalf of the

Panchayat, it is submitted that since the petitioners have filed an

application for regularisation, the same can be considered in W.P.(C) No.23977 of 2021

accordance with law.

In the facts and circumstances of the case, the writ

petition is disposed of directing the respondents to consider

Ext.P3 application for regularisation submitted by the petitioners

and to pass appropriate orders thereon, within a period of one

month.

Sd/-

N.NAGARESH JUDGE

SK W.P.(C) No.23977 of 2021

APPENDIX OF WP(C) 23977/2021

PETITIONERS' EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28.06.2021 EXHIBIT P2 A TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST PETITIONER DATED 06.07.2021. EXHIBIT P3 A TRUE COPY OF THE APPLICATION FOR REGULARISATION ALONG WITH THE RELEVANT PAGE OF THE PLAN AND THE RECEIPT FOR PAYMENT OF THE FEE.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR REGULARIZATION DATED 31.07.2022 ALONG WITH THE RELEVANT PAGES OF THE PLAN EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT CARD ALONG WITH THE RECEIPT DATED 02.08.2022 EXHIBIT P6 TRUE COPY OF THE DEFECTS NOTED BY THE 2ND RESPONDENT DATED NIL

RESPONDENTS' EXHIBITS : NIL